Legislative Matter

Miami-Dade Legislative Item
File Number: 081456

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Clerk's Official Copy

File Number: 081456

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-672-08

Control: Board of County Commissioners

File Name: BROWNSVILLE METRORAIL STATION PROJECT-LEASE AMENDMENT

Introduced: 5/7/2008

Requester: NONE

Cost:

Final Action: 6/3/2008

Agenda Date: 6/3/2008

Agenda Item Number: 11A1

Notes:

Title:

RESOLUTION DIRECTING THE MAYOR OR HIS DESIGNEE TO NEGOTIATE A LEASE AMENDMENT OF THE BROWNSVILLE METRORAIL STATION PROJECT WITH THE TRANSPORTATION WORKERS UNION OF AMERICA 291 COMMUNITY SERVICE, INC. TO BETTER REFLECT THE NEEDS OF THE COMMUNITY

Indexes:	BROWNSVILLE
	METRORAIL STATIONS

Sponsors:

Audrey M. Edmonson, Prime Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	6/3/2008	11A1	Adopted				P

Transit Committee	5/14/2008	2C	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Bruce Libhaber read the foregoing resolution into the record. Commissioner Sorenson noted that affordable housing issues existed with regard to this resolution. Mr. Leland Salomon, Asset Management and Development Specialist, Real Estate Office, General Services Administration, responded to Commissioner Sorenson’s questions regarding background information on this resolution, noting that the proposed agreement was with Transport Workers Union of America 291 Community Service, Inc. (TWU). In response to Commissioner Sorenson’s inquiry as to whether the County had previously executed a lease agreement with a not-for-profit union, Assistant County Attorney Libhaber noted the County had not done so. Mr. Salomon responded to questions from Commissioner Jordan regarding the history of this resolution, noting that he believed TWU was not qualified to develop the property as it had originally intended. He also noted that in order to sustain development under the same agreement, the County was preparing an amendment to the original agreement and the amendment would be forwarded for County Commission approval. Mr. Salomon further noted that the original agreement differed from its amendment in that the original called for office uses, while the amendment called for entirely residential development with incidental retail. Mr. Salomon clarified that incidental retail was usually used for purposes solely related to a particular project. Commissioner Sorenson asked Mr. Salomon to provide her with additional information regarding this resolution before it was considered by the County Commission. In response to Commissioner Heyman’s concerns regarding completing this project in eight years, Mr. Salomon noted that the amendment would change the proposed timeframes, phases, and development. Commissioner Heyman asked that short term goals for completing phase 1 of this project be established during negotiations; that the subcontractors be required to comply with the County’s rules and regulations; and that all parties involved be required to review successes and failures (lessons learned ) upon completion of phase 1 before entering into the second phase. Vice Chairwoman Jordan noted it may be helpful to include a provision within this agreement that development should begin in two years. Mr. Salomon responded to Chairman Rolle’s questions regarding revenues generated by this lease agreement. He noted that the proposed amendment would be considered by the Committee of jurisdiction and then forwarded to the County Commission. Chairman Rolle asked Mr. Salomon to ensure that Commissioner Heyman’s requests regarding the negotiations were addressed. Hearing no further questions or comments, the Committee proceeded to vote on the foregoing resolution.

County Attorney	5/7/2008		Assigned	Bruce Libhaber

County Attorney	5/7/2008		Referred	Transit Committee	5/14/2008

Legislative Text

TITLE
RESOLUTION DIRECTING THE MAYOR OR HIS DESIGNEE TO NEGOTIATE A LEASE AMENDMENT OF THE BROWNSVILLE METRORAIL STATION PROJECT WITH THE TRANSPORTATION WORKERS UNION OF AMERICA 291 COMMUNITY SERVICE, INC. TO BETTER REFLECT THE NEEDS OF THE COMMUNITY

BODY
WHEREAS, this Board, in July 21, 2006, approved Resolution R-521-06 which authorized the County Manager to execute a Lease Agreement with TWU 291 Community Service Inc. for the development of the Brownsville Metrorail Station site; and
WHEREAS, that Lease Agreement provided for the development of residential units including affordable housing, a union hall, theater, commercial, office and retail; and
WHEREAS, the needs of the community dictate that the scope of the project should be modified to better address the shortages of available affordable housing; and
WHEREAS, these changes will help to make this development project financially viable while addressing the community�s needs,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. This Board directs the Mayor or his designee to negotiate a lease amendment of the Brownsville Metrorail Station Development Lease to provide for approximately 490 affordable housing units, and incidental retail to support the residential component of the project.
Section 2. The Mayor or his designee is further directed to ensure that a covenant shall run with the land that commits this site to only affordable housing, governmental uses.
Section 3. The Mayor or his designee shall obtain a reappraisal of the site taking into consideration the modified uses.